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(영문) 대구지방법원 2019.01.11 2018가단18648

건물명도

Text

1. The defendant points out to the plaintiff each of the real estate in the attached list Nos. 1, 2, 3, 4 and 5.

Reasons

1. Facts of recognition;

A. From 190 to 190, the Defendant leased approximately 22.95 square meters of the part inside the ship (hereinafter “instant store”) connected each point of the real estate as indicated in the separate sheet among the real estate as indicated in the separate sheet.

B. On September 30, 2014, the Defendant concluded a lease contract again by setting the lease deposit of KRW 3 million, monthly rent of KRW 270,000, and the lease period from September 30, 2014 to August 29, 2017 with respect to C and the instant store, which had been the former owner of the said real estate.

C. On November 7, 2015, the Plaintiff purchased the said real estate from C and completed the registration procedure for transfer of ownership on the grounds of sale.

On July 16, 2018, the Plaintiff sent to the Defendant a certificate of content to the effect that the above lease contract is terminated, and that the Plaintiff seeks the name of the store in this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff succeeded to the lessor’s status as to the instant store by acquiring ownership on November 7, 2015 with respect to the said real estate.

In addition, the term of the above lease was extended until August 29, 2018 pursuant to Article 10(4) of the former Commercial Building Lease Protection Act (amended by Act No. 1504, Oct. 16, 2018; hereinafter the same) after the expiration of the term on August 29, 2017.

However, on July 16, 2018, the plaintiff expressed his/her intention to terminate the above lease contract to the defendant. Accordingly, the lease was terminated on August 29, 2018.

I would like to say.

In regard to this, the defendant asserts that since the term of lease for the store of this case is five years or more, the defendant cannot respond to the plaintiff's request because it has the right to request the renewal of the contract. However, Article 10 (2) of the former Commercial Building Lease Protection Act provides that "the tenant's right to request renewal of the contract may be exercised only within the extent that the whole term of lease, including the initial term of lease,